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Item 23 - Amend an Agreement for Volume Licensing/Maintenance for Microsoft Software/Products
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01/17/2023 Regular & Special SA
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Item 23 - Amend an Agreement for Volume Licensing/Maintenance for Microsoft Software/Products
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4/2/2024 11:47:09 AM
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8/11/2023 10:31:40 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
23
Date
1/17/2023
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(it) 11 (nay pay only amounts due as of the lermination elate, k) which case the Erx03d Affiliate <br />uviii have perpettial Licenses for: <br />k2) <br />all copies of Products (Including the latest version of Products ordered under SA, <br />coverage In the current larm) for which payment has been made fn fLIM, and <br />the number of copies of Products it has ordered (inckiding the latest version of <br />Products ordered under Software Assurance coverage in current term) that is <br />proportional to the Mal'of inslalln-wnt payments paid versus total arnoumis due (paid <br />and payable) if the earVy termination hail not occurred. <br />(ili) In the case of early term'.iation under Subscription Enrollments, EnroXed Affiliate wlfl have <br />the follcwing orAions I <br />I) For eligible Produc nroll4offi n may obalrl perpetual Licenses as eosin ec n <br />the Section of the Enrollment tilled "Buy-out option," provided that Microsoft receivss <br />the buy-out order for chose Licenses within 60 days after Enrolled Affiliate pr0vde.s <br />notice of termination. <br />2) In the event of a t'XeaulT by Microsoft, if Customer chooses not AercIP-i My-out <br />cirtion; Microsoft w119 issue Enrolled Affilnite a credit for mny amount paid h advancr; <br />for Subscription Llcenses that the Enterprise will rent be able to use to do the <br />termination of the Erlrollrnent, <br />i <br />Nothing In llnis section shall affect perpetual License rights �rccltllred cipher in a�sfe�ira�te <br />ayreernent or in a prior term of the terrrl Mated Enrolhnel <br />Effect of tortn4nallon or expiration- 11`firen an Enrotimsnt exPre <br />cc s r rla e <br />(1) Enrolled Affiliate rrrtrst order Licenses for alb copies of Prockicts it has run for which it has <br />not previously submllted an order. Any and ak unpaid -payments for any ardor of any kind <br />remain due and payable. Except as provided Irl the SUID11 ctian Wed "Ea 1 1 in t' � " I <br />Winpaid payments for Licenses immediately become due and payable <br />Enrolled Affiliate's right to Software Assurance benefits under this AgreenlerNt ends if it <br />noes not renew Software Assurance. <br />Modification fx termination of an Online Service for regulatory reasons. fviicrosoft may <br />modify or lerminate an Onllne� Service when there is nny current or future governmerrt <br />requirement or obligation that; [o) subjects 001cro%oft to avy regulation or regU,"f nlent not <br />generally applicable to businesses operating in the lWisdiction; (2) presents a hardship Sir <br />Idllcrosoft to cor6nue operating- tale OnlIme Service wi6hotrt modification; andlor (3) causes <br />Microsoft to believe these leans or the Cgilkie Service may cceiflici with any such requirement <br />or obligation. <br />Program updates, Microsoft may make char s to tllopr0991 that will A it a <br />for Customer and ids Enrolled Affifiales to enter into r*w aTaements and Enrolments at k)e <br />time of an Enrollment renewal. <br />7. Us�hip� hfs�7jd re ric <br />i h. • <br />a. Products, UnlQss otherwise specified in a supplemental agreerrrentr use of any Product is <br />governed by the Use Rights specific to each Product and version and by the terms of the. <br />applicable supplemmtital agreement. <br />. b. nixes, Each Fix is licensed under the same terms as the Product 50 which it applies, if a Fix is <br />not provided For o speciflc ProdLlCt, arry use rights MicroscO prm4ides with the Fix wilt apply. <br />. c• Nan -Microsoft software and technology, Enrolled Affilfale is solely responsible for any non - <br />Microsoft software or technology that k installs or uses with the Products or r'ixes. <br />I 40 <br />r <br />I <br />LA.GUIGA!!r'(US)SLGfE��ttyi4;Nuv21}1E1 F ill G or i t <br />I DowwRill X20102CA1 <br />I <br />I <br />
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